Part I Right to Practise as Solicitor

Practising certificates

C1F113A Imposition of conditions while practising certificates are in force.

1

Subject to the provisions of this section, the Society may in the case of any solicitor direct that his practising certificate for the time being in force (his “current certificate”) shall have effect subject to such conditions as the Society may think fit.

F22

The power conferred by subsection (1) is exercisable in relation to a solicitor at any time during the period for which the solicitor's current certificate is in force if—

F9a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

it appears to the Society that the case is of a prescribed description.

3

Prescribed” means prescribed by regulations under section 28.

6

A solicitor in whose case a direction is given under this section may appeal to the F3High Court against the decision of the Society.

7

On an appeal under subsection (6), the F4High Court may—

a

affirm the decision of the Society; or

b

direct that the appellant’s current certificate shall have effect subject to such conditions as the F4High Court thinks fit; or

by order revoke the direction; or

d

make such other order as F5it thinks fit.

F67A

The decision of the High Court on an appeal under subsection (6) shall be final.

F78

Subsections (4) and (5) of section 10 apply for the purposes of subsection (1) of this section as they apply for the purposes of that section.

C2F89

A solicitor who holds a practising certificate subject to a condition imposed under subsection (1) which prohibits that solicitor from taking any steps specified in the condition, except with the approval of the Society, may appeal to the High Court against any decision by the Society to refuse to approve the taking of any step for the purposes of that condition.

C310

On an appeal under subsection (9), the High Court may—

a

affirm the decision of the Society,

b

direct the Society to approve the taking of one or more steps for the purposes of the condition, or

c

make such other order as the High Court thinks fit.

C411

The decision of the High Court on an appeal under subsection (9) shall be final.

C512

In relation to an appeal under this section the High Court may make such order as it thinks fit as to payment of costs.